At 8:00 a.m. on Tuesday, 10th January 2023, under the auspices of the Eastern Caribbean Supreme Court, Chief Justice, Her Ladyship, Dame Janice M. Pereira, DBE; local High Court Judge, Justice Ermin Moise; visiting regional High Court Judges; members of the Anguilla Bar Association; Attorney General, Mr. Dwight Horsford; Magistrate Keithly Benjamin and Junior Magistrate Piyumini Weeratunga; Her Excellency the Governor, Dileeni Daniel-Selvaratnam; Deputy Governor, Mr. Perin Bradley; and the Honourable Premier, Dr. Ellis Webster, as well as other Government officials and Members of the Opposition met at the Pro Cathedral of St. Mary to participate in a church service that opened the new Law Year 2023, under the theme “Navigating the Changing Tides”.
The opening of the Law Year was hosted by Anguilla this year, while other regional legal fraternities and law officials of the OECS states and territories participated via simulcast.
To begin the church service, the playing of the National Anthem and National Song were rendered by ALHCS Concert Band student, Sharvin Narine. The scripture readings from Deuteronomy 16:18-22 and Philippians 4:4-9 were read by Vernette Richardson-Richards and Merline Barret respectively.
Message by Canon Reid Simon
Canon Reid Simon, St. Mary’s resident Minister, eloquently delivered a motivational message of encouragement to the law men and women, admonishing them to ethically exercise justice in matters of the court, tempered with mercy. With reference to the theme “Navigating the Changing Tides”, Canon Simon noted that changing trends occur in every facet of life and in every area of society, and the legal system is no exception.
His message, in part, spoke to changes that the judicial sector must adapt to, while maintaining the attributes of God’s righteousness and justice:
“The legal system will have to wrestle with all of society’s changes,” he said, “not only in terms of practices for mission and ministry but especially as the forces around the community challenge the legal system and call it to change.
“The legal system, in its history, can say that it owes a great depth of gratitude to religion. We all understand that the Old Testament scriptures have a big part to play in laying the foundation of the legal system. Undergirding all of that, especially for religion, was trust in God – a God who was always there for people; a God who was concerned about every individual person. He is a God who is just and righteous. And so the writer of Psalm 89 was heard to remark that righteousness and justice are the foundation of God’s throne…And even in the midst of all the changes we would seek to remember what is right, what is true, what is noble and what is just.”
It is this righteousness and justice that the Eastern Caribbean Supreme Court is expected to uphold.
The Eastern Caribbean Supreme Court (ECSC) was established in 1967 by the West Indies Associated States Supreme Court Order No. 223 of 1967. The ECSC is a superior court of record for the Organization of Eastern Caribbean States (OECS), including six independent states, namely: Antigua and Barbuda; the Commonwealth of Dominica; Grenada; Saint Kitts and Nevis; Saint Lucia; Saint Vincent and the Grenadines; and three British Overseas Territories – Anguilla, British Virgin Islands, and Montserrat – It has unlimited jurisdiction in each member State.
Following the church service, the judges and Members of the Bar marched from the church’s compound to the Courthouse. It was on the grounds of the Courthouse that an inspection of the Guard of Honour by Chief Justice, Janice M. Pereira, was conducted. Following this, at 10:00 a.m., there was a formal sitting of the Court, moderated by local High Court Judge, Justice Ermin Moise. At this time, the Chief Justice, Her Ladyship, Janice Pereira, delivered her formal address for the opening of the Law Year 2023.
Address by Chief Justice, Her Ladyship, Janice M. Pereira
After greeting the local and regional Courts of Justice, Bar Associations, other Judicial Officials, Leaders of Governments, Government officials, Opposition members and all the people of the OECS jurisdictions, Her Ladyship began her address, in part, by saying:
“I am deeply honoured and humbled to have the opportunity to address you on the occasion of the opening of the Law Year 2023. In what seems like a moment, we are once again at this highly anticipated event on the Eastern Caribbean Supreme Court’s yearly calendar. This is for us, as well as for you, a time of reflection on the workings of the Court over the previous year, as well as a time to share our exciting plans moving forward.”
She mentioned the recent appointment of new Justices of Appeal, and highlighted the fact that there are now four women who currently serve on the Court of Appeal – the greatest number of women serving in this capacity since the establishment of the Supreme Court in 1967.
“Permit me to recognise the recent appointees to the bench of the Court of Appeal,” she said. “These are the Honourable Madam Margaret Price-Findlay, the Honourable Madam Vicki Ann Ellis, and the Honourable Mr. Trevor Ward. They have all given remarkable service in the High Court over a number of years and they are certainly no strangers to the Court of Appeal, having also done short acting stints as Justices of Appeal.”
“I take the opportunity, here, to welcome them into the Court of Appeal family… I think it is important to highlight that for the first time since the establishment of this Court, four women are now serving on the Court of Appeal.
The Her Ladyship also placed emphasis on the Court’s utilisation of the available e-Litigation Portal, which was developed in 2021 during the era of the pandemic. She explained: “The implementation of this e-Litigation Portal would enhance user experiences at the lower, but no less important, levels of the justice system. It enables the Court to go a step further towards the integration of the magistracy into the higher judiciary.”
“This process of integration must happen”, she insisted. “Courts exist for the purpose of delivering justice, and there should therefore be no impairments legally, or otherwise, in the realisation of this purpose. Yet, impediments persist within our OECS region. It is time that this lack of progress for full integration of the magistracy be addressed once and for all.”
In further relating to the e-Litigation Portal, she promised that criminal case files will also be added to the portal: “The next stage of portal implementation will be the addition of the criminal case files at all levels of the judiciary. I know that this is being anxiously awaited by all our stakeholders. I assure you that the portal implementation team is hard at work in making this a reality.”
“When that happens,” she observed, “we will have completed the circle of linking the Courts at all levels of the justice system. It is only then that we would be able to feel some sense of satisfaction at attaining at least one of our goals in the digitisation process.”
So far, the Magistrate Courts in Antigua and Barbuda, British Virgin Islands and St. Lucia have already been incorporated into the e-Litigation Portal. The Magistrate Courts in Anguilla and the rest of the OECS countries will be incorporated during the course of this year. The portal aims to provide an efficient, cost effective, transparent and reliable platform for submitting and processing court documents electronically.
The Chief Justice went on: “This past year, like others before, brought with it many trials as our small island states and territories continue to navigate through a sea of challenges. In my last address to you, I recounted many of these challenges which by now have become well-known. It hardly bears repeating that the Court has not been spared the tides.
“I, however, firmly believe that out of the depths of adversity there are always positive and enduring lessons to be learnt. It is our collective courage to persevere regardless of whether the seas are calm or rough. This courage has been instrumental to the Court’s achievement in various areas of operation.
Over the past year, we have indeed made further progress along the way with a steady focus towards an improved and resilient justice system across the length and breadth of the OECS. It is this experience of making positive changes in difficult times which has inspired the theme for this Law Year’s address: “The Eastern Caribbean Supreme Court – Navigating Through Changing Tides”.
“This theme recognises the resilience of the Eastern Caribbean Supreme Court and its enduring commitment to reforming its processes and procedures, and broadening the avenues by which the people of our sub-region can access justice…”
Other judicial officials of the OECS States and Territories addressing the opening of the Law Year included: the Honourable Dwight Hosford, Attorney General of Anguilla; Her Honour Rachanne Browne, Chief Magistrate of St. Vincent and the Grenadines; Mr. Michael Fay, KC of the Territory of the Virgin Islands; Ms. Jane Dyer, President, OECS Bar Association; the Honourable Claudette Joseph, Attorney General and Minister of Legal Affairs, Labour and Consumer Affairs of Grenada; Ms. Sherma Dairymple, Director of Public Prosecutions [Ag] of the Commonwealth of Dominica; Mr. Peter Foster, KC, Saint Lucia; Ms. Kurlyn Merchant, President, St. Kitts & Nevis Bar Association; as well as Ms. Mandi Thomas, of the Utter Bar of Antigua and Barbuda.
The closing remarks to the addresses for the opening of the 2023 Law Year were delivered by Anguilla’s High Court Judge, the Honourable Justice Ermin Moise.
